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Microsoft, Apple, Google sued over icon software patent

arstechnica.com — A small networking services company was recently granted a patent covering the use of representational icons in an operating system. What follows next should be no surprise: a lawsuit delivered to Microsoft, Apple, and even Google, just in time for the holidays.

Who dugg this? Made popular Dec 27, 2008

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  • wefarrell, on 12/26/2008, -0/+213Yeah good luck with that.
  • ShadoxPrime, on 12/26/2008, -0/+117Get ***** Cygnus. This kind of trash is such a waste.
  • jamwil87, on 12/26/2008, -2/+118How could they have granted this patent.
    The majority of user friendly software, including websites, use thumbnails / representational icons in their UI.
    Look up right beside the digg button, there's a thumbnail from the ars technica site... Does that mean they could hypothetically sue digg as well?
  • Spuy767, on 12/27/2008, -2/+108Merely an example of why the US patent system is broke as *****.
  • twiztidsinz, on 12/27/2008, -0/+67I hope this case gets dragged out, then thrown out and the judge orders Cygnus Systems to pay the legal fees causing them to go bankrupt.
  • KragTheDigger, on 12/27/2008, -3/+60OK, so... how can I get a patent on "a system tracking intellectual proprerties" ? I mean, once I get a patent on the concept of patents, I should be able to sue the Patents Office, no ? (recursion: to understand recursion we first have to understand recursion)
  • Super6, on 12/27/2008, -0/+49Their fax is:
    (313) 291-4949
    Ideas, anyone?
  • TheWindBlows, on 12/26/2008, -2/+46Just claim the icons represent nothing and are there for aesthetics purposes.

    Though no really this shows the flaw in patents they are given out to anyone and really software patents should be done in a more structed manner or non at all.
  • drakethegreat, on 12/27/2008, -0/+43KDE on Linux was released summer of 98. They had thumbnail view in this release which obviously took development before June of 1998 when according to Cygnus the product they developed first game into existence that their patent covered. As a result their patent is void, they lose and thumbnail view is public domain.

    http://www.kde.org/screenshots/images/medium/wmake ...
  • Kapitaine, on 12/27/2008, -0/+40Wait a minute...

    They are a "Microsoft Gold Certified Partner"??

    http://www.cygnus-sys.com/

    Hmmmmmmm.
  • inc595, on 12/27/2008, -1/+40cygnus should eat all the dicks
  • Echomote, on 12/27/2008, -5/+38LEAVE GOOGLE ALONE!
  • TritonX, on 12/26/2008, -1/+32Software patents are ridicule, they are like equations, once its in the known nothing can be done to control it.
  • Vikstar, on 12/27/2008, -1/+29This is one time that i'm rooting for the huge companies. I hope they crush Cygnus into oblivion.
  • inactive, on 12/27/2008, -0/+27Not for long!
  • x0mb13, on 12/27/2008, -2/+27***** lawyers.
  • inactive, on 12/27/2008, -1/+25Uhh, prior art.
  • stealthspc, on 12/27/2008, -0/+24Not anymore.
  • troye, on 12/27/2008, -3/+24It wreaks of patent troll.
  • inactive, on 12/27/2008, -0/+21How is it legal for a company to wait so long then sue is beyond me, it is close to entrapment
  • bjornski, on 12/27/2008, -0/+20"I own this color! You can't use it anymore!"
  • Iamien, on 12/27/2008, -1/+21They patented thumbnails omfg.
  • inactive, on 12/27/2008, -2/+21I'd like to patent the idea of breathing so I could get rich very fast. All of you have to pay me $1 each or I'll sue.
  • Chompy, on 12/27/2008, -2/+21Someone needs to patent the process of patent trolling, then sue all of these parasites into the ground.
  • farfromhere, on 12/27/2008, -0/+19A good plastic bag can.
  • alex7575, on 12/27/2008, -1/+20I'm patenting this process where organisms can take in oxygen and produce energy, wait until it goes through, all you ***** will owe me money...
  • Iamien, on 12/27/2008, -1/+19sorry for this spam. tried to edit a comment while skype is running.
  • inactive, on 12/27/2008, -0/+17U.S. Patent office?
  • MrAldo, on 12/26/2008, -3/+20I could be wrong, but this company doesn't seem to have any kind of software related stuff... To me it seems they saw Mac OS, Windows or whatever using such features and it wasn't patented which was in 2001.

    So they thought, Hmmm... lets patent this so we can sue Apple and Microsoft and then now that Google has jumped on, they got them too...

    Seems like a bunch of crap to me. I think Microsoft and Apple would be free if such a suit, since they had these features in their OS's and applications BEFORE the patent was granted in March of 2008... but I don't think Google should be sued either, but I think Google Chrome is newer then March of '08 but not sure... plus I don't know how patents work, like if they are retroactive or not :|
  • djbon2112, on 12/27/2008, -1/+18@mason092: Actually, yes, it can, by preventing the granting of patents for things which are blatantly commonplace and haven't been patented. If company X already does or has idea A, and has been using it along with many other companies, the patent system should prevent company Y from gaining a patent for it.
  • ascentient, on 12/27/2008, -0/+16I don't believe in imaginary property.
  • JcbAzPx, on 12/27/2008, -1/+17See, that's the thing. You can't just patent breathing. You have to patent, for instance, using the act of breathing to collect oxygen in order to fuel basic life functions.

    Guaranteed rubber stamp patent right there.

    Also, it seems, I'm slow. (see above)
  • Ajajadude, on 12/27/2008, -1/+17I hope they destroy those patent trolls.
  • jwensley2, on 12/27/2008, -0/+15That was Cygnus Solutions which merged with Red Hat, Cygnus Systems seems to just be a different company with a similar name.
  • TheSabre, on 12/27/2008, -1/+16Sorry to burst your bubble, but I just patented a system of electrically representing and transmitting alphanumeric characters as a result of pressing corresponding buttons on a physical device.

    By typing your comment, you owe me USD 35.29.
  • Murdats, on 12/27/2008, -0/+15apparently someone who has never used a computer
  • Zealoth, on 12/26/2008, -7/+21What goes around comes around... supporters (or the big winners of the patent legislation if you will) of intellectual property patents are getting gamed at their own game - again. Regardless of the fact how low Cygnus has hit them, the parties sued here are no lesser devils.
  • VingintiTres, on 12/27/2008, -0/+13Nope, not the same. It was the first thing that it crossed my mind too, but:

    Cygnus Systems, Inc., a networking company based in Michigan -- the Cygnus in the story.
    Cygnus Solutions, originally Cygnus Support, is based on Reno, Nevada.

    Doubt a benign company that does FLOSS software will go that low.
  • Iamien, on 12/27/2008, -3/+16can you get me their real number as well?
    NM found it:
    <span isdynflag="1" info="Call +13132914900;1;+13132914900;0;" onmouseup="SkypeSetCallButtonPressed(this, 0,0,0)" onmousedown="SkypeSetCallButtonPressed(this, 1,0,0)" onmouseover="SkypeSetCallButton(this, 1,0,0);skype_active=SkypeCheckCallButton(this);" onmouseout="SkypeSetCallButton(this, 0,0,0);HideSkypeMenu();" context="+13132914900" fax="0" rtl="false" class="skype_tb_injection" id="__skype_highlight_id"><span title="Skype actions" onmouseout="SkypeSetCallButtonPart(this, 0);" onmouseover="SkypeSetCallButtonPart(this, 1);" class="skype_tb_injection_left" id="__skype_highlight_id_left"><span style="background-image: url(chrome://skype_ff_toolbar_win/content/cb_normal_l.gif);" class="skype_tb_injection_left_img" id="__skype_highlight_id_left_adge"><img src="chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif" style="height: 11px; width: 7px;" class="skype_tb_img_adge" height="11"></span><span style="background-image: url(chrome://skype_ff_toolbar_win/content/cb_normal_m.gif);" class="skype_tb_injection_left_img" id="__skype_highlight_id_left_img"><img style="padding: 0px 1px 1px 0px; width: 16px; top: 0px; left: 0px;" src="chrome://skype_ff_toolbar_win/content/famfamfam/us.gif" title="" class="skype_tb_img_flag" name="skype_tb_img_f1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/arrow.gif" title="" class="skype_tb_img_arrow" name="skype_tb_img_a1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"></span></span><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><span title="Call this phone number in United States of America with Skype: +13132914900" onmouseout="SkypeSetCallButtonPart(this, 0)" onmouseover="SkypeSetCallButtonPart(this, 1)" class="skype_tb_injection_right" id="__skype_highlight_id_right"><span style="background-image: url(chrome://skype_ff_toolbar_win/content/cb_normal_m.gif);" class="skype_tb_innerText" id="__skype_highlight_id_innerText"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1"><img src="chrome://skype_ff_toolbar_win/content/space.gif" style="margin: 0px; padding: 0px; height: 1px; width: 1px;" class="skype_tb_img_space" width="1" height="1">+13132914900</span><span style="background-image: url(chrome://skype_ff_toolbar_win/content/cb_normal_r.gif);" class="skype_tb_injection_left_img" id="__skype_highlight_id_right_adge"><img src="chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif" style="height: 11px; width: 19px;" class="skype_tb_img_adge" height="11"></span></span></span>

    God I love having a unlimited skype subscription.

    Also extension 5 gives you their emergency premium technical support staff.
  • LonesomeFighter, on 12/27/2008, -1/+14i like how Google really shouldn't even be involved but got dragged in anyway
  • inactive, on 12/27/2008, -0/+13It's a Christmas miracle!
  • nazsco, on 12/27/2008, -0/+13and the student challenges the master.
  • zambuka, on 12/27/2008, -0/+13The original scope of the patent was filed in 1998 and refined further in 2001 so Cygnus probably saw an opportunity with some unpatented technology and ran with it.

    "Cygnus filed its patent on June 8, 2001 as a continuation of an application originally filed on June 12, 1998." Thus predating the modern operating systems that use this functionality.

    Link to patent in question
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT ...

    However, there is still enough prior art predating this so that this patent should never have been passed. There were plenty of icon based file management utilities, including ones that let you preview word documents before opening, dating way way back to Windows 3.1, and probably earlier. I know there were some old DOS based image library utilities that created preview icons and I'm pretty certain AmigaOS had some similar features as well.

    Admittedly these older tools only created icons of image files but the difference between displaying the thumbnail of an image and displaying the thumbnail contents of a word document or PDF or Excel sheet is not sufficient to warrant new patents or copyright grants.

    The patent in question (look it up on the US PTO site) uses language broad and convoluted enough that it can also include things like the navigation pane in photoshop or even print previews, pretty much anything that creates a non-editable preview of the document in question. In other words a patent created so the wording can mean whatever the patent holder wants it to mean.

    Clearely this Patent is a grab for money and unashamedly so.
  • inactive, on 12/27/2008, -1/+13patented by me, give me a million bucks please
  • Super6, on 12/27/2008, -0/+12Skype conference call, anyone? I'll play the part of Larry Paige
  • GregR, on 12/27/2008, -0/+12Countless applications have done this for ages. e.g. Photoshop has had thumbnail icons that previewed the document almost from the beginning of the app.
    Patents like this are ridiculous!

  • Super6, on 12/27/2008, -0/+12Dear Neil V Wake,

    Your 3-page fax to James Warner at 3132914949 has been sent successfully.
    (Page count does not include the cover page.)


    Thank you
    FaxZero.com

    By golly, the judge just sent 3 pages of black!
  • inc595, on 12/27/2008, -1/+13hmm, very black hat... full black pages work best in faxes.
  • primal, on 12/27/2008, -0/+12Taped end to end in a loop.
  • Kyan, on 12/27/2008, -0/+11wreak != reek
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